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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1648

79R14503 KEG-D                                                                                              By: Hughes (Eltife)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The Wood County Central Hospital District was created by statute in 1967.  The hospital district includes every school district in Wood County except for Mineola Independent School District (Mineola ISD).

 

C.S.H.B. 1648 adds Mineola ISD to the list of school districts able to be annexed into the Hospital District.  Annexation would require voter approval, and currently, Quitman ISD is the only school district that is a member of the hospital district.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 2, Chapter 293, Acts of the 60th Legislature, Regular Session, 1967, as follows:

 

Sec. 2.  BOUNDARIES.  Provides that the boundaries of this district are coterminous with the boundaries of the Quitman Independent School District as they exist on the effective date of this Act, unless the boundaries are expanded under Section 7C of this Act or other applicable law.

 

SECTION 2.  Amends Chapter 293, Acts of the 60th Legislature, Regular Session, 1967, by adding Section 7C, as follows:

 

Sec. 7C.  EXPANSION OF DISTRICT TERRITORY TO INCLUDE TERRITORY OF MINEOLA INDEPENDENT SCHOOL DISTRICT.  (a)  Authorizes registered voters of a defined territory composed of all territory within the boundaries of the Mineola Independent School District to file a petition with the secretary of the Wood County Central Hospital District (district) board of directors (board) requesting the inclusion of the territory in the district.  Requires the petition to be signed by at least 50 registered voters of the defined territory or a majority of those voters, whichever is less.

 

(b)  Requires the board to set a time and place to hold a hearing on the petition to include the territory in the district.  Requires the board to set a date for the hearing that is not earlier than the 31st day after the date the court issues the order.

 

(c) Authorizes the board, if after the hearing the board finds that annexation of the territory into the district would be feasible and would benefit the district, to approve the annexation by a resolution entered in its minutes.

 

(d)  Provides that annexation of the territory is final when approved by a majority of the voters at an election held in the district and by a majority of the voters at a separate election held on the same date in the territory to be annexed.  Requires the voters in the election to approve the annexation, if the district has outstanding debts or taxes, to also determine if the annexed territory will assume its proportion of the debts or taxes if added to the district.

 

(e)  Requires the election ballots to be printed to provide for voting for or against specific provisions containing specific text. 

 

(f)  Requires the elections to be held after the 45th day and on or before the 60th day after the date the elections are ordered.  Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to an election held under this section.

 

(g)  Requires the board, once annexation is approved, to appoint a resident of the Mineola Independent School District to serve as a temporary director until the date of the next regular election of directors.

 

(h)  Provides that beginning on the date the temporary director is appointed as required by Subsection (g) of this section and ending on the date a majority of the members elected in the next regular election have qualified for office.  Sets forth board composition, quorum, and concurrence procedures.  Provides that this subsection is notwithstanding any other provision of this Act. 

           

(i)  Provides that on the date of the next regular election following the approval of annexation, certain directors are elected from certain areas, notwithstanding any other provision of this Act.

           

(j)  Provides that on the date a majority of the directors elected to the board under Subsection (i) have qualified for office.  Sets forth the terms of office of the directors.

 

(k)  Sets forth the composition of the board, quorum, and concurrence procedure beginning on the date a majority of the members elected under Subsection (i) qualify for office, notwithstanding any other provision of this Act.

           

(l)  Requires successor directors to be elected as provided by Subsections (i) and

(j) and that certain directors be elected from certain areas. 

           

(m)  Requires the board, following each decennial federal census, to evaluate the electoral areas described by Subsection (l) of this section to ensure that the areas comply with the requirements of federal election laws and to adjust the jurisdiction of the areas in accordance with federal requirements.

 

SECTION 3.  Effective date: upon passage or September 1, 2005.